LTC 468-2020 Planning Board Citywide Floor Area Ratio (FAR) DiscussionD o cu S ig n E nv e lo p e ID : AA C O C O A 1-B B 2 1-4 C 3 1-8 A B E -B 4 C 4 A 14 E F 6 C 5
MIAM[BEACH
OFFICE OF THE CITY MANAGER
NO. LTC# 468-2020 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Raul J. Aguila, Interim City Manager
DATE: December 18, 2020
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OocuSigned by:
P-al ). Ad-
28306240F928450..
SUBJECT: Planning Board Citywide Floor Area Ratio (FAR) Discussion
On September 22, 2020 the Planning Board held a discussion regarding floor area and floor area
ratio (FAR), including how FAR can be used in furtherance of specific strategic goals. As part of
the discussion, the Planning Department provided the Planning Board with a list of potential options
for modifications to the definition of FAR that were previously presented to the Land Use and
Sustainability Committee (LUSC). These options were related to specific goals such as improving
resiliency, developing workforce and affordable housing, and restoring historic buildings.
The following are a list of potential options regarding FAR and the Planning Board's
recommendations (underlined):
1. Bonus FAR/incentives related to resiliency and other defined policy benchmarks.
a. Exclusions for the conversion of non-required enclosed parking spaces facing a
waterway. The City has many non-conforming parking areas facing a waterway,
including the ocean. The Code was modified many years ago to require active uses at all
levels of a building when facing a waterway. Such existing non-conforming parking areas
are typically characterized by blank walls, often several stories high, or open parking
structures. Such structures have a significant negative impact on the City's overall
character, especially when viewed from the public beach walk or bay walk. Conversion
of such spaces would allow active uses with glazing and architectural treatment that
would improve the visual character along the waterfront.
The administration should note that a ballot measure including this proposal failed last
November. Additional restrictions and protections may need to be contemplated to limit
the area and depth of non-conforming parking to be converted.
A potential ballot question could allow for the conversion of a fixed number of non-
required parking spaces to active retail or back of house spaces, within oceanfront
parking structures in local historic districts that expand public access to the beach or
baywalk.
The Planning Board recommends that the concept be expanded to include all parking
facilities and continue to be explored. Additionally. the Planning Board recommends
that additional checks and balances be incorporated in order to allow for conversions
from parking to other uses.
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b. Resiliency and adaptation bonuses. This would apply to all zoning districts, and the
actual bonus number would be conditioned upon tangible improvements that
substantially increase and improve the sustainability of new and existing structures.
These improvements would go above and beyond minimum code requirements and the
bonuses are intended to incentivize such improvements. The actual bonus points would
be added to the maximum FAR permitted on the property and would be capped at a fixed
number. For example, an RM -2 property, which has a maximum FAR of 2. O, would be
able to increase the overall FAR to a maximum of 2.5 with resiliency bonus points.
A potential ballet question could provide for an amendment to create FAR bonus points,
not to exceed .5 for all zoning districts, in accordance with the following schedule:
i. Elevating the first floor of an existing structure to a minimum of BFE + 1 foot: .25
points (note, this bonus only applies to existing structures, not new construction).
ii. Improving a seawall and raising the height to a minimum of 5. 7 feet NAVO: .10
points (note: this bonus only applies to new permit applications).
iii. Self-sustaining electrical and surplus stormwater retention and reuse. This shall
include stormwater retention that is over and above the minimum requirements in
order to accommodate offsite stormwater, including the reuse of such stormwater
through purple pipes throughout the building. Additionally, the entire building shall
be fully self-contained in terms of electrical power using solar panels and similar
electricity generating devices: .25 points
iv. Provide active recreation facilities that are available to the general public, and
serve a recreational need for the immediate area, in consultation with and subject
to the approval of the city's parks and recreation department: .10 points.
v. Achieve LEED platinum certification, in accordance with the requirements of
chapter 133 of the City Code: .15 points.
vi. Provide onsite adaptation areas, which are fully accessible from the public right
of way and provide tangible drainage, stormwater retention and related resiliency
and sustainability benefits: .10 -35 points depending upon the overall size and
level of improvement.
The P lanning Board reco m m ends that the co ncept co ntinue to be refi ned and m ove
fo rw ard.
c. First level interior transitional access for non-residential buildings. This would
include stairs, ramps, and lifts required to get from the sidewalk level up to a higher
finished first floor level. This would encourage commercial properties to elevate their first
floor to be more resilient to flooding, while still providing a transparent, active storefront
at the sidewalk level.
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A potential ballet question could provide for an amendment to allow for interior stairs,
ramps, and lifts at the first level of a non-residential building, which are required to get
from the sidewalk level up to a higher finished first floor level.
The Planning Board recommends that the concept move forward.
d. New floor area within volumetric buildings such as historic theatres. In this regard,
there are historic theatres in the City that need adaptive re-purposing, such as a
conversion to retail or food & dining establishments. However, if the building is legal non-
conforming as to maximum FAR, there is no opportunity under the code to add additional
floor plates within the structure, even though they will not be visible.
This would require additional study to identify all eligible structures, as well as determine
a fixed cap on the amount of additional FAR that may be added. It is further recommended
that any potential amendment be limited to the introduction of new floor plates within
contributing structures in local historic districts, as well as designated historic sites, that
are legal non-conforming in terms of FAR and were originally constructed as theatres.
The Planning Board recommends that the concept continue to be refined to incentivize
the resiliency of these types of structures and move forward.
e. Exempting the floor area of existing contributing buildings which are elevated.
Although any demolition is subject to a Certificate of Appropriateness from the Historic
Preservation Board, such exemption could encourage elevating such structures to
ensure their long-term viability, as the added square footage could help offset the costs
to elevate these buildings.
This would require additional study in order to identify all eligible structures, as well as
determine a fixed cap on the amount of FAR that would be exempt. It is further
recommended that the amendment be informed by the forthcoming resiliency code, as
well as the historic and adaptation guidelines developed for the City's historic districts.
The Planning Board recommends that the concept continue to be refined to include
contributing buildings in national register districts and move forward.
f. Bonus for providing affordable and/or workforce housing, as defined in the City
Code. The Comprehensive Plan already has increased density allowances for affordable
and workforce housing. As such, an FAR bonus for providing such types of units should
not require modifying the density limitations of the Comprehensive Plan. This should be
limited to rental housing to ensure that the constructed units are available for the long-
term. Additional study would be needed in order to identify applicable areas of the City,
as well as determine the potential impact on density.
The Planning Board recommends that the concept continue to be refined and move
forward. Additionally, the Planning Board recommends that additional incentives for
workforce and affordable housing be considered, including bonus height, design
criteria, and other regulatory incentives, in addition to FAR incentives.
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g. Bonus for providing Transit Oriented Development (TOD) along defined corridors
in the City. TOD's are an excellent tool for promoting development that minimizes the
impact of single car vehicles. As TOD's are located adjacent to or abutting dedicated
transit lines, as well as multiple transit modes, they are ideal for end users who do not
own or rely on a single motor vehicle. In order to encourage these types of uses,
additional FAR in the form of a bonus or TOR is ideal.
In order to identify defined transit corridors in the City, as well as better assess the
expected operational dates of the beach corridor, it is recommended that this proposal
move forward after 2021.
The Planning Board recommends that as more precise public transportation plans are
developed by Miami-Dade Transit that proposals for TOD FAR incentives be studied and
presented to the Planning Board.
2. Strategic FAR increases within specific zoning districts. Existing low intensity districts,
such as RM-1, low intensity residential districts, and CD-1, commercial low intensity districts,
currently have very low maximum FAR and face challenges with regard to meeting minimum
building and life safety code requirements. In the administration's prior analysis, the areas of
stair and elevators consume, on average, about 8% of a building's available FAR. For an RM-
1 zoned property, an increase of 8% would result in an FAR of 1.35, vs the typical maximum
of 1.25. For an 8,000 SF lot, the resulting FAR or 1.35 would result in an area of 10,800 SF, vs
the current maximum of 1.25 or 10,000 SF.
A potential ballot question could provide for an amendment to increase the maximum FAR in
RM-1 districts to 1.35 and in CD-1 districts to 1.25.
The Planning Board recommends that the proposal move forward as it relates to the CD-
1 district and that the proposal as it relates to the RM-1 district not be pursued.
3. The creation of Transfer of Development Rights (TDR) Programs in specified areas of
the City. Allowing properties, within defined transfer and receiver districts, to transfer some or
all their development rights to another property has two significant benefits. First, it does not
result in an overall increase in intensity within the larger area. Second. It provides a vehicle for
vulnerable and at-risk properties to become adaptation areas.
A process to manage a TOR program would need to be developed, and transfer and receiving
districts would need to be established. Transfer districts could, potential/y, be limited to lower-
density zoning districts such as RM-1, as well as more vulnerable areas on the west side of
the City. Receiving districts should be areas with higher intensity and higher density zoning,
such as the CD-2 and CD-3 Commercial Districts, and RM-3 high intensity residential district.
Additionally, receiving districts should be located within defined transportation corridors.
A cap on the maximum percentage beyond the FAR of the underlaying zoning district would
also need to be established, as well as a review of potential height increases to go along with
an increased FAR. Additional study would be necessary in order to identify applicable areas
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for a TOR program.
The Planning Board recommends that the concept continue to be studied.
4. R em oving all exem ptions, counting everything within a building envelope, including
parking, and increasing the FAR across the City. This would incentivize less parking and
more efficient circulation. However, the actual increases in FAR would need to be evaluated
on a district basis. It would also provide a more predictable measure of the maximum volume
of a building.
Additional study would be necessary in order to properly analyze this concept. It is further
recommended that the proposal, if recommended, be informed by the forthcoming resiliency
code.
The Planning Board recommends that this option not be pursued at this time.
The Planning Board also recom m ended that since these item s require voter approval that the
sen~~), of the public and their potential support and understanding of the different options be
1 „t r es
RJA/ETC /T R M/RA M
C : Rafael G ranado, City Clerk
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